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GEMS Environmental Management Services

July 2, 2024Judge Prouty

Partially SustainedContract Changes / Constructive ChangesDelay / Disruption / Suspension

GEMS Environmental Management Services appealed several claims against the government regarding a construction contract, primarily focusing on driveway design and security access issues. The Board granted the government's motion for partial summary judgment in part and denied GEMS's cross-motion.

Material Facts

GEMS was awarded a multiple award task order contract by the U.S. Army Corps of Engineers on September 29, 2015.
The contract required GEMS to design and build a driveway connecting the project to 'A' Street.
GEMS submitted a Request for Equitable Adjustment seeking costs for driveway design and a compensable delay.
The CO denied GEMS's claims for the driveway design and construction costs.
GEMS's scheduling expert testified that GEMS should be entitled to zero days of delay for both the design and construction claims.

Parties

Appellant: GEMS Environmental Management Services
Respondent Agency: U.S. Army Corps of Engineers
Contract Number: W91238-15-D-0014

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